Judges at the International Criminal Court have chosen not to refer South Africa to the Assembly of States Parties or the UN Security Council for failing to arrest Sudanese President Omar al Bashir during his visit to Johannesburg in June 2015.
Although the judges found that South Africa had failed to comply with its obligations under the Rome Statute by not executing the Court’s request for the arrest of Al-Bashir and surrendering him to the Court, they argued that punishing it would not foster cooperation.
The full decision can be read here: https://www.icc-cpi.int/CourtRecords/CR2017_04402.PDF
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